Assigned to JUD                                                                                                  AS PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1078

fraudulent voice recordings

Purpose

Classifies, as criminal impersonation subject to a class 5 felony, using a computer generated voice recording, image or video of another person with intent to induce others into thinking the medium is the real person, with intent to defraud or with knowledge that the medium could cause reputational harm.

Background

A person commits criminal impersonation by: 1) assuming a false identity with the intent to defraud another; 2) pretending to be a representative of some person or organization with the intent to defraud; or 3) pretending to be, or assuming a false identity of, an employee or a representative of some person or organization with the intent to induce another person to provide or allow access to property. Criminal impersonation is classified as a class 6 felony (A.R.S.
 § 13-2006).

A class 6 felony carries a presumptive prison sentence of 1 year for first time offenders and a fine of not more than $150,000. A class 5 felony carries presumptive prison sentence of 1.5 years for first time offenders and a fine of not more than $150,000 (A.R.S. §§ 13-702 and 13-801).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits using a computer generated voice recording of another person with intent to induce other persons into thinking that the voice recording is the live voice of that person, with intent to defraud or with knowledge that the voice recording could cause reputational harm.

2. Prohibits using a computer generated image or video depicting another person with intent to induce other persons into thinking that the image or video is an actual depiction of the person, with intent to defraud or with knowledge that the voice recording could cause reputational harm.

3. Classifies the illegal use of a computer generated voice recording, image or video as outlined as a class 5 felony.

4. Makes technical changes.

5. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Modifies the elements necessary to commit criminal impersonation by way of using a computer generated voice recording, image or video to impersonate a real person.

Senate Action

JUD                 2/15/24      DPA             6-1-0

Prepared by Senate Research

February 19, 2024

ZD/cs